EPA Review of Nano-Silver Products Raises Significant Regulatory Issues Concerning Antimicrobial Claims and EPA, FDA, and CPSC Jurisdiction Concerning Nanotechnology Regulation

Kelley Drye Client Advisory

This Client Advisory discusses the EPA’s review of nano-silver products and the significant regulatory issues concerning antimicrobial claims and EPA, FDA, and CPSC jurisdiction concerning nanotechnology regulation.

The U.S. EPA recently published a notice announcing that it is considering a range of potential actions to regulate products containing nano-silver as pesticides” under the Federal Insecticide, Fungicide, and Rodenticide Act, in response to a petition filed by the Center for Technology Assessment and 13 other public interest groups. The EPA notice requests comment on the petition by January 20, 2009.

This Advisory was prepared by Kelley Drye’s multidisciplinary team of lawyers and government relations professionals who are experienced in legal and public policy matters with respect to the regulation of nano-silver and other nanotechnology products.